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S.G. Mazumdar Vs. B.K. Lala - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtSupreme Court of India
Decided On
Case NumberCriminal Appeal No. 97 of 1967
Judge
Reported in(1969)3SCC709b
ActsCode Of Civil Procedure (CPC) 1908 - Section 80
AppellantS.G. Mazumdar
RespondentB.K. Lala
Excerpt:
- [j.c. shah,; s.m. sikri and; v. ramaswami, jj.] -- after some arguments were advanced on behalf of the appellant, mr sukumar mitra tendered an unqualified apology on behalf of his client for the language used by the appellant in the notice under section 80 cpc. -- we may however, observe that this apology has been tendered by him subject to his right to prosecute the suit which he says he has filed in the high court of calcutta on the original side.j.c. shah,; s.m. sikri and; v. ramaswami, jj.1. after some arguments are advanced on behalf of the appellant mr sukumar mitra has tendered an unqualified apology on behalf of his client for the language used by the appellant in the notice under section 80 of the civil procedure code. we accept the apology and are of the view that no further action by way of punishment for contempt of court need be taken.2. we may however, observe that this apology has been tendered by him subject to his right to prosecute the suit which he says he has filed in the high court of calcutta on the original side. the fine imposed by the high court, if paid, is ordered to be refunded.
Judgment:

J.C. Shah,; S.M. Sikri and; V. Ramaswami, JJ.

1. After some arguments are advanced on behalf of the appellant Mr Sukumar Mitra has tendered an unqualified apology on behalf of his client for the language used by the appellant in the notice under Section 80 of the Civil Procedure Code. We accept the apology and are of the view that no further action by way of punishment for contempt of court need be taken.

2. We may however, observe that this apology has been tendered by him subject to his right to prosecute the suit which he says he has filed in the High Court of Calcutta on the original side. The fine imposed by the High Court, if paid, is ordered to be refunded.


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